Revolutionary War Pension and Bounty Land Warrant Application File W. 14706, Levi Fairbank, Mass.

SERVICE
NUMBER
Mass
Fairbank, Levi or Fairbanks
W. 14706
Eunice
CONTENTS

15.811
Massachusetts
Levi Fairbanks
of Middlesex Co in the State of Massachusetts who was a Private in the Company commanded by Captain Gates of the Regt: commanded by Col. Whitney in the Mass s one line for 8 mo 24 ds.
Waltham
Inscribed on the Roll of Massachusetts at the rate of 29 Dollars 30 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 29 day of July 1833 and sent to J. W. P. Abbot. Westford.
Arrears to the 4th of March 1833 $ 58. 60 Pension allowance ending Sept — 14. 65
$ 73. 25
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book E Vol. 2 Page 25

Levi Fairbank
No 5566.

Commonwealth of Massachusetts.
Middlesex ss.
On this seventh day of August in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open Court, before the Honourable Judge of the Court of Probate, in and for the County of Middlesex aforesaid, now sitting, Levi Fairbanks a resident of Acton in the County of Middlesex and Commonwealth of Massachusetts, aged seventy seven years, who, being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, A. D. 1832:
That he entered the service of the United States under the following named officers, and served as herein stated:
That he was at the fight at Concord on the 19th of April 1775; that he was under the command of Capt Isaac Gates of Concord in the county of Worcester. The 1st Lieut was Amos Fairbanks and the Ensign Josiah Haskell but he is not certain. From Concord he went to Cambridge and staid there about six weeks and then returned to his own home in Harvard. That in the year 1776 in January as he thinks he voluntarily enlisted for six weeks as he thinks and was stationed at Roxbury Mass. under the command of Capt Samuel Sawin. The other officers he does not recollect. That in the same year (1776) as he thinks he voluntarily enlisted into the service of the U.S. for three months and marched to the state of New Jersey where he stayed until the expiration of said term and was then regularly dismissed. The Col's name was Josiah Whitney of Harvard as he thinks. The Capt was David Housse of Bolton in said county of Worcester. He was stationed a short time at what was then called Pluckemin but was marching about the greater portion of the time and returned as he thinks in Febry or March 1777. That in the same year (1777) he again voluntarily enlisted for three months and as he thinks in September and went to Bennington Vermont where he remained until said three months expired. He was regularly dismissed at the expiration of each term of service.
He relinquishes every claim, to a pension or annuity whatever except the present and declares that his name is not on the pension roll of the agency of any State. Sworn and subscribed the day & year aforesaid.
Levi Fairbanks
We Samuel Hosmer and Joseph Chaffin both of Acton aforesaid there being no clergyman in the town of Acton hereby certify that we are well acquainted with the said Levi Fairbanks who has subscribed and sworn to the above, and that we believe him to be seventy seven years of age; that he is reputed and believed in the neighborhood, where he resides to have been a soldier in the Revolution and that we concur in that opinion. Sworn and subscribed the day and year aforesaid.
Samuel Hosmer Joseph Chaffin
And the Court thereupon proceeded to propound the following interrogatories which he answered under oath as follows;
1st Where and in what year were you born? I was born in Harvard in the County of Worcester in the year 1755 2nd Have you any record of your age and when is it? I was recorded in Harvard on the town books as I suppose. 3rd Where were you living when called into service, where have you lived since the Revolutionary War and where do you now live?

Ans w . I was living at Harvard of one said when called into the service and afterward I went to Westminster & Gardner in County of Worcester and about three years since I moved to Acton of said
4 How were you called into service, were you drafted, did you volunteer or were you a substitute, and if a substitute, for whom? I volunteered to serve.
5 State the names of some of the regular officers who were with the troops where you served, such Continental, and Militia Regiments as you can recollect and the general circumstances of your service? Answer General Warner of Hardwick and the other officers whom I have mentioned in my declaration. I do not recollect any others in particular.
6 State the names of the persons to whom you are known in your present neighbourhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution? Answer Samuel Hasmann and Joseph Chappin both of said Acton
Sworn and subscribed the day and year fore said Levi Fairbank
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of any state,
We, a clergyman, residing in the and residing in hereby certify, that we are well ac- quainted with who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above-named applicant was a Revolutionary soldier, and served as he states. And the Court further certify, that it appears to them that Samuel Hasmann & Joseph Chappin who have signed the preceding certificate, is a clergyman, resident in  then being no clergyman and that in Acton are  who has also signed the same, is resident in said Acton and are credible persons; and that their statement is entitled to credit.
J. P. P. May  Worth
I  Isaac Fiske Register of the Court of Probate in and for the County of Middlesex, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Levi Fairbank for a pension. It also certify that Isaac Whiting whose own proper signature is set to the certificate annexed is a justice of the peace in the County of Worcester In testimony whereof I have hereunto set my hand and seal of office on the day and year first aforesaid.
Isaac Fiske
Acton Dec 28 1832 I James T. Woodbury a clergyman settled since the seventeenth day of August in said Acton certify that I believe the said Levi Fairbank to be seventy seven years of age and that he is reputed in the neighbourhood where he resides to have been a soldier in the Revolution and that I concur in that opinion
James T. Woodbury
Middlesex ss Dec 28 1832 Then personally appeared the above named James T. Woodbury and made oath that the foregoing certificate by him subscribed is true before me
Francis Putnam Just of Peace

And the said Levi Fairbanks appears before me Francis Tuttle and makes oath that the first term objected to in the declaration of said Fairbanks to which this is annexed instead of being about six weeks was six weeks and two days over In witness whereof I have hereunto set my name this twenty eighth day of December AD 1882 Levi Fairbanks Atton Dec 28 1882
Midd Cent p Dec 28 1882 Then personally appeared the above named Levi Fairbanks and made oath that above declaration by him subscribed was true and I also certify that I am well acquainted with the said Levi Fairbanks and believe him to be a man of truth and credibility Francis Tuttle Judge of Peace

5566
Levi Fairbanks
Plants 8 Mar 24 day
416 06
Dec 21 1832
April 11. 1833
P. 338
26. 66 2. 64  29. 30
P. 73
J. W. P. Abbot Westford Mass

BRIEF in the case of Levi Fairbanks of Middlesex Bty in the State of Mass. (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? in Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 72 -  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 1775 19 Aprl — 1 — 12 Private Gen. Capt Gates,   1776 Jany — 1 — 12 " " Seward   1776 July — 3 — — " Col Whitney's Regt   1777 Sept — 3 — — "  
 5. In what battles was he engaged? Concord  6. Where did he reside when he entered the service? Haverhill Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Tradition & living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
* as this has been once altered it will not be objectionable in the adjustment of the pension
Examining Clerk.

William [unclear] of the [unclear] who served in the Revolutionary War, as [unclear]
Inscribed on the Roll at the rate of 27 Dollars 69 Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 31 day of August and sent to J. S. Belfield Boston Mass.
Recorded on Roll of Pensioners under act February 2, 1848, Page 48 Vol 3

W. P. Ladd All Rights Reserved Nov 1953

Town of Ashburnham Sept. 29 1845
I hereby certify that in the Book of Records of marriages and Publications of said town of Ashburnham there is an entry as follows viz:
"Levi Fairbank of Westminster and Emmice Randal Published Feb. 16-1781
Dr. Samuel Weston T. C."
and also, in the same Book of Records there is the following entry,
"Levi Fairbank of Westminster and Emmice Randal of Ashburnham were married March 11-1781.
Dr. Rev. John Cushing"
I certify that the foregoing are true copies of Records.
Chas. H. Stearns Town Clerk of Ashburnham

6636
Eunice Fairbanks
Mass.
Act 4 July 36.
m 87. a 12 may '45
Rejected under 36 adms in 17 June 1844

State of Massachusetts } ss. Worcester County }
Be it known that before me, Smyrna Glazier a Justice of the peace in and for the County aforesaid, Personally appeared Eunice Fairbanks, a resident of Gardner in said County of Worcester aged Eighty seven years, who being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress, passed July 4 th 1836 and other acts since passed by said Congress; that she is the Widow of Levi Fairbanks who was a private in the Army of the Revolutionary War, and drew a pension at the rate of at the rate of twentynine Dollars 8\frac{30}{100} per annum.
She further declares that she was married to the said Levi Fairbanks on the first day of March in the year seventeen hundred and eighty-one - and that her Husband, the said Levi Fairbanks, died on the 12 th day of May 1845 and that she now remains his Widow Sworn and Subscribed this fourteenth day of October A.D. 1845
Before me
Eunice Fairbanks
Smyrna Glazier Justice of the peace
State of Massachusetts } ss. Worcester County }
Be it known that on the fourteenth day of October 1845 Personally appeared Levi Fairbanks, and made oath that the above named Levi Fairbanks, who was his Father died at his house on the 12 th day of may last past, at about 4 O'Clock in the morning Sworn and Subscribed the day and year above written
Before me
Levi Fairbanks
Smyrna Glazier Justice of the Peace

I also certify that the afore named affiant Eunice Fairbanks is personally known to me, and that she is the widow of the late Levi Fairbanks who was a peerioner of the United States
Smyrna Glazier Jus. Peace
I hereby certify that the above named Smyrna Glazier is a Justice of the Peace duly qualified to administer oaths by the authority of the Commonwealth of Massachusetts
Charles Hudson
Westminster Mass.
member of Congress
Nov. 1. 1845

I Jonathan Fairbank of Harvard in the County of Worcester and Commonwealth of Massachusetts of the age of seventy three do testify and say that I am acquainted with Levi Fairbank of Acton in the County of Middle- sex and Commonwealth aforesaid and that in the year 1775 the said Levi on hearing that the British troops had come to Concord went out as a volunteer and was stationed as a soldier near Boston for a number of weeks I believe six. I Also recollect that in December 1776 that the said Levi enlisted as a soldier in the American Army and marched into the state of New Jersey and that he was there during winter and I believe he was gone three months. I also recollect that in August or September in the year 1777 that the said Levi went to Bennington in the state of Vermont in the ca- pacity of a waiter for Capt. Sturtevant and was there I believe three months. Harvard July 21 st 1802 Jonathan Fairbank.
Worcester July 21 st 1802 Then the above named Jonathan Fairbank personally appeared and made oath that the foregoing affidavit by him subscribed is true Before Isaac Whitney Justice of the Peace
I certify that I have been acquainted with the above named Jonathan Fairbank from my youth up, and my opinion is that he is a credible and disinterested witness. Isaac Whitney Justice of the Peace

Rev WIDOW, &c.
File No. _____
14706
Emmie Fairbanks
Widow of
Levi Fairbanks
Priv. Rev. War
Act: _____
Feb. 2 nd 1848
Index:—Vol. _____
a
Page _____
227
[Arrangement of 1870.]

Oct. 29, 1853. Appl. of Eunice Gann Barker, or ev. widow of Levi, Winchester co., Mass.
act 132 & 2 nd Febry, 1848.
Hon. H. Knight, J. M. Parent. J. P. Waldo Clerk of Superior Judicial Office.

6636 V. Eunice Fairbanks Maps.
Letter to Hon. C. Hudson 14. Jan 1846
Act 1836

189. Massachusetts
Reported
Eunice Fairbanks widow of Levi Fairbanks who was a Private in the Revolution
Inscribed on the Roll at the rate of 21 Dollars 67 Cents per annum, to commence on the 4th day of March, 1844. 12th May, 1846, the day of his death Certificate of Pension issued the 2nd day of May, 1846 and sent to
Hon. C. Hudson Head of Dept.
[Act of JUNE 17, 1844.]
Recorded in Book A Vol. 2. Page 29.

State of Massachusetts } ss. COUNTY Worcester
Be it known, That on this twelfth day of August A. D., eighteen hundred and fifty three , before the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared Levi Fairbanks a resident of Gardner in said County, and made oath according to law that he is the son and heir at law of Eunice Fairbanks late a pensioner of the United States under act of 2 o Feb y 1848 at the rate of $21. 67 , now deceased. That she was the widow of Levi Fairbanks deceased
who was a Revolutionary Pensioner under Act of 1832 at the rate of (as he is informed by the Executor of the estate of said deceased pensioner) $29. 30
at the rate of Twenty five 30/100 Dollars per annum; that he has been informed that the said Pension of the widow & also of the colony ought to be increased; that he is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.
SWORN to and subscribed, the day and year aforesaid, before me.
Levi Fairbanks
Francis Richardson J. Peace.
Commonwealth of Massachusetts.
WORCESTER COUNTY, ss.
I, Joseph Mason Clerk of the Judicial Courts
for the County and Commonwealth aforesaid, do hereby certify, that Francis Richardson on the twelfth day of August A.D. 1853 was and still is
a Justice of the Peace, in and for said County, duly commissioned and qualified, and authorized by the laws of this Commonwealth, to take the acknowledgement of deeds, and administer oaths, and that his signature to the certificate of acknowledgment on the deeds of Levi Fairbanks and on the Deed of Ephraim Fairbanks, Joseph Fairbanks and Eunice Weston hereunto annexed are genuine, and that said deeds were executed and acknowledged according to the laws of this Commonwealth.
Given under my hand, and the seal of said County , this twenty fourth day of October , in the year of our Lord one thousand eight hundred and fifty- three .
J. Mason Clerk.

State of Massachusetts } ss. COUNTY Worcester }
Be it known, That on this twelfth day of August A. D., eighteen hundred and fifty three , before the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared Levi Fairbanks a resident of Gardner in said County, and made oath according to law that he is the son and heir at law of Emmeline Fairbanks late a pensioner of the United States under act of 2 o Feb y 1848 at the rate of $21. 67 , now deceased. That she was the widow of Levi Fairbanks deceased
who was a Revolutionary Pensioner under Act of 1832 at the rate of (as he is informed by the Executor of the estate of said deceased pensioner) $29. 30
at the rate of Twenty nine 30/100 Dollars per annum; that he has been informed that the said Pension of the widow & also of the child ought to be increased; that he is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.
SWORN to and subscribed, the day and year aforesaid, before me.
Levi Fairbanks
Francis Richardson J. Peace.
I, Francis Richardson Justice of the Peace, in and for said County do hereby certify that Levi Fairbanks who executed the foregoing paper is a respectable resident of this county, and is, I believe, directly interested in said claim as therein set forth.
Francis Richardson
J. Peace.
I, Clerk of the Court in the County and State aforesaid, do hereby certify that before whom the foregoing papers were executed, was, at the date of the same, a Justice of the Peace in and for said County, duly authorized by law to administer oaths; and the name thereunto subscribed, is signature.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official Seal, this day of A. D. 185

Know all Men by these Presents, That I Levi Fairbanks of Gardner in the County of Worcester and Commonwealth of Massachusetts
hereby constitute and appoint Samuel M. Wright my true and lawful Agent and Attorney, to prosecute the Claim of the heirs above named for any amount of Revolutionary Pension, or Increase of Pension, that may be due; and I hereby authorized my said Agent to examine all the papers and documents in relation to said claim, on file in the Departments at Washington City, or elsewhere; to file additional evidence or arguments; and to receive the Certificate which may be issued for said Claim, which Certificate I wish made payable to the heirs at the Boston, Mass. Agency.
to appoint one or more substitutes under him for the purposes herein expressed; and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
WITNESS my hand and Seal this twelfth day of August A. D., 185 3
SIGNED AND SEALED IN THE PRESENCE OF } Francis Richardson
Levi Fairbanks
State of Massachusetts } SS. COUNTY OF Worcester
On this twelfth day of August A. D. 185 3 before me, the subscriber, a Justice of the Peace in and for the County aforesaid, personally appeared Levi Fairbanks and acknowledged the foregoing Power of Attorney to be his act and deed, for the purposes therein mentioned.
IN TESTIMONY WHEREOF, I hereunto set my hand, } the day and year aforesaid.
Francis Richardson J. Peace.

Commonwealth of Massachusetts.
WORCESTER, ss.
I, Charles G. Brewster Register of the Court of Probate for the County of Worcester, do hereby certify, that satisfactory evidence has been exhibited to said Court, that Emilia Fairbanks was a Pensioner of the United
States at the rate of $20.67 per annum
was a resident of the County of Worcester in the Commonwealth of Massachusetts, and died in Yarmouth, in said County
in the year one thousand eight hundred and fifty one on the fifteenth day of August , and
that she left four children only, to wit. Emilia Fairbanks, Ephraim Fairbanks, Joseph Fairbanks and Emelia Weston.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court at Worcester, this twenty ninth day of
January in the year of our Lord, one thousand eight hundred and fifty-two .
Chas. G. Brewster Register.

Admitted
G. S. Bulfinch Boston Mass

DECLARATION
In order to obtain the benefits of the act of Congress of 2d February, 1848, entitled, "An act making further provision for surviving Widows and Soldiers of the Revolution."
COMMONWEALTH OF MASSACHUSETTS, } ss. Worcester COUNTY, }
On this Second day of August 1848, personally appeared before the subscriber, a Justice of the Peace, in and for the county aforesaid,
Eunice Fairbanks a resident of Gardner in the county of Worcester aforesaid aged Eightynine years, who being first duly sworn, according to law, doth on her oath, make the following declaration, in order to obtain the benefits of the provision made by the act of Congress, passed on the 2d February, 1848, granting pensions to widows of persons who served during the Revolutionary war. That she is the widow of
Levi Fairbanks who was a resident of Gardner and who was a private in the War of the Revolution
and is the identical person who drew a pension under the Act of 17th June, 1844, on account of the Revolutionary service of her late husband aforesaid, at the rate of twenty one dollars and sixty seven cents per annum.
She further declares that she is still a widow.
Eunice her Fairbanks mark [seal]
Sworn to and subscribed on the day } Before me, and year above written, }
In presence of Achsah Fairbanks Smyrna Glazier Justice of the Peace.
I Certify, That the declarant is personally known to me, a widow and a pensioner, as she declares.
Smyrna Glazier Justice of the Peace.
COMMONWEALTH OF MASSACHUSETTS, } ss. COUNTY, }
I, Clerk of the Court. of the County and State aforesaid, do hereby certify that is a Justice of the Peace, in and for said County, duly qualified ; and that his signature, above written, is genuine.
and the Seal of said Court, this

Commonwealth of Massachusetts.
Secretary's Office, Boston August 12 th 1848
I hereby Certify, That at the date of the annexed attestation Smyrna Glazier was a Justice of the Peace for the County of Worcester,
in the said Commonwealth, duly commissioned and constituted; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
W. H. Nathan
Secretary of the Commonwealth.

12713
Emmice Fairbanks
widow of Sen
Map
act 7 July 1838
Rejection husband died
12 May 1845

Commonwealth of Massachusetts ss.
On this thirteenth day of February in the year of our Lord One Thousand Eight Hundred and Forty six personally appeared before me Pliny Merrick one of the Justices of the Court of Common Pleas in and for the State of Massachusetts Eunice Fairbanks, whose name is hereunto subscribed, of the Town of Gardner in the County of Worcester and State of Massachusetts, widow, aged Eighty Seven years, who being first duly sworn according to Law doth on her oath make the following declaration in order to obtain the provision made by the act of Congress passed July 7 th 1838 and the provision of any & all other acts of Congress passed before or since that date:— That she was married to Levi Fairbanks formerly of Howard in the County of Worcester and more recently of the Town of Gardner of whom in which Town he died— that the said Levi Fairbanks was a private in the Army of the Revolution— that he went into the service first in the month of April 1775 and served six weeks under Capt Gates of Concord; that in the month of January 1776 he went again into the service and served six weeks under Capt Sevann or Sebin ; and in the Spring of the same year he again went into service and served three months in the Regiment of Col. Whiting under Capt Ness ; and in 1777 he

entered the Service again and served for three months at Bennington under officers whose names are not recollected - that the foregoing statement is made according to information given to her which she believes to be true.
She further declares that she was married to the said Levi Fairbanks in the month of March in the year A.D. 1781 - that the said Levi Fairbanks died on the 12 th day of May A.D. 1845, that she has never since been married but ever since has been as still remains her widow; & that by reason of the infirmity of age she is unable to attend Court.
Sworn to, and Subscribed before Eunice Fairbanks We the subscribers as Gardner appointed on the day and year above written - She the said Eunice Fairbanks being so infirm as to be unable to attend Court
Phoebe Merrill Judge of Court of Common Pleas for State of Massachusetts

Commonwealth of Massachusetts
Worcester ss. I, Joseph G. Wendell, Clerk of the Court of Common Pleas within for said County, in said Commonwealth, do hereby certify that the Rev. Pliny Merrick, before whom at the date that of it was the foregoing de- claration & affidavit was sworn to, is one of the Jus- tices of the Court of Common Pleas of said Com- monwealth & an Officer before whom an oath in such declaration or affidavit is authorized to be taken by the laws of Massachusetts & there due faith & credit ought to be given to all his official acts.
In testimony whereof I have hereunto set my hand & caused the seal of said Court to be affixed this eleventh day of April A.D. 1846
Jos. G. Wendell Clerk

Commonwealth of Massachusetts.
Secretary's Office, Boston;
March 27, 1846.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Levi Fairbanks is borne upon a Pay Roll of Capt Isaac Gatch's Company, that marched from Harvard, to Cambridge on an alarm April, 19, 1775. as a private 13 1/2 days. Upon a Pay roll of Capt Samuel Hils Company, in Col Josiah Whitney's regt, as a private from 19th to 26th of August 1777, 6 days. Upon a Muster Roll of Lt Amos Fairbanks Company, in Col Job Cushing's regt as a private from September 8, 1777 2 Months and 24 days. No roll of Capt Nurse and not upon Rolls of Capt Swann for the year 1776. The above is all the evidence, of any one of the name shown by the Military records in this Office.
15 days
6
2 - 24
ms 3
6 - 15

Unice Fairbanks, Widow of Levi Fairbanks claim for a pension The Commissioner of Pensioner this writes thus As her Husband was not in the Service after their marriage her Claim under the Act of 4th of July 1836 is disallowed. the date of the marriage is duly proved, but her Husband's Service in April and May 1775 of 6 weeks under Capt Gates of Harvard - In January 1776 for 6 weeks under Capt Swain or Sabin; in the Spring of 1776 for 3 months in Col Whitney's Regiment under Capt Nurse, and in 1777 for 3 months at Bennington, no officer named should be verified by the Secretary of Mas- -sachusetts
And I further Certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said appli- cation, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John G. Palfrey, Secretary of the Commonwealth.

Gardner April 18 th 1846 J. H. Edwards Esq Commissioner of Pensions Sir
At the the time the law of 1832 was passed granting Pensions to Revolutionary Soldier we had quite a number old Soldiers in Gardner and they usually employed me to fill out their Blanks to send for their Money; in the course of two or three years I found their memory failed them and it took some of them a good to recollect who their officers were, I then made a memorandum of their Officers and certificates, in looking over my Memorandum I find Levi Fairbanks  he stated his Officers to be Capt. Nurse and Col. Whitneys Regiment, his Pension certificate was 29 30 dated July 29 th 1833 Signed John Robb Acting Secretary Recorded in the Pension Office, Book C. Vol 2 d Page 25 Mr Fairbanks did his service at several different times and I have no doubt that at the time he made application for his Pension he had satisfactory living proof — If what I have written will throw any light on the subject or be of any service to you it will highly gratify your
Humble servant
Smyrna Glazier J. P.

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
Oct. 31, 1850.
Sir:
Under the act of the 6th of April, 1838, entitled, "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States;" and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the Pension agents,
the children of Eunice Fairbanks, dec.
a Pensioner on the Roll of the Massachusetts Agency, at the rate of Twenty one Dollars and 67 Cents per Annum, under the law of the 2 nd Feb'y, 1848 have been paid, at this Department, from the 1 st of March 1851 to the 15 th Aug., 1851.
Respectfully, yours,
J. M. Matthews Comptroller.
1599
To the COMMISSIONER OF PENSIONS, Present.

W 12718 ad 44-252
Emice Fairbanks widow of Levi Napp
act 7 July 1838
Rejected husband died 12 May 1845
adm o . act 17 June 1844
6 mo 15 ds per $21 00 per ann
from 12 May 1845
Hon C Hudson House of Reps

5-5-66
Levi Fairbanks
J. M. P. Abbot C Westfarr Map

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Levi Fairbanks  suddenly  6th  spas- which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? no IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? no 1 term The applicant has stated the said term to be six weeks and two days as appears by his affidavit annexed in this case VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no
The certificate of a clergyman has since been obtained in this case
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yes
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes
XIV. †If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? yes
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. ‡Are the papers authenticated as the regulations direct? yes  no  yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension.”

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Washington
October 28. 1833.
Hon. L. P. Waldo Comm. of Pensions & Sir.
I have the honor to enclose herewith the application of the heirs of Eunice Fairbanks decd. to a Pension upon the Mass. roll act 2 d Feby. 1848, for an increase of her Pension.
Very Respectfully
Your Obt. Servt
L. M. Knight